1) Any person is exempt from this Part to the extent that person
receives, possesses, uses, transfers, owns or acquires products containing
radioactive material introduced in concentrations not in excess of those listed
in Appendix A provided they have been introduced or transferred as described in
subsection (a)(2) or (3). This Section shall not be deemed to authorize the
import of radioactive materials or products containing radioactive materials.

2) No person may introduce radioactive material into a product or
material knowing or having reason to believe that it will be transferred to
persons exempt under subsection (a)(1) or equivalent regulations of the U.S.
Nuclear Regulatory Commission (NRC) (10 CFR 30.14) or an Agreement State,
except in accordance with a specific license issued pursuant to Section
330.280(a).

3) A manufacturer, processor or producer of a product or material
is exempt from the requirements for a license set forth in this Part to the
extent that person transfers radioactive material contained in a product or
material in concentrations not in excess of those specified in Appendix A and
introduced into the product or material by a licensee holding a specific
license issued by the Agency expressly authorizing that introduction. This exemption
does not apply to the transfer of radioactive material contained in any food,
beverage, cosmetic, drug or other commodity or product designed for ingestion
or inhalation by, or application to, a human being.

b) Exempt Quantities

1) Except as restricted by subsections (b)(2) through (4), any
person is exempt from this Part to the extent that person receives, possesses,
uses, transfers, owns or acquires radioactive material in individual quantities
each of which does not exceed the applicable quantity set forth in Appendix B. Furthermore,
any person is exempt from this Part to the extent that person possesses, uses,
transfers or owns radioactive material that was received or acquired before
September 25, 1971 under the general license then provided by the regulations
of the U.S. Atomic Energy Commission (10 CFR 31.4) or the equivalent
regulations of an Agreement State.

AGENCY NOTE:
Capsules distributed pursuant to 10 CFR 32.21 that contain carbon-14 urea are
only authorized for "in-vivo" diagnostic use for humans. Any person
who desires to use the capsules for research involving human subjects shall
apply for and receive a specific license from the Agency. Nothing in this
Section relieves persons from complying with applicable Federal and State requirements
governing receipt, administration and use of drugs.

2) This subsection (b) does not authorize the production,
packaging or repackaging of radioactive material for purposes of commercial
distribution, or the incorporation of radioactive material into products
intended for commercial distribution.

3) No person may, for purposes of commercial distribution,
transfer radioactive material in the individual quantities set forth in
Appendix B, knowing or having reason to believe that such quantities of
radioactive material will be transferred to persons exempt under this
subsection (b) or equivalent regulations of NRC or an Agreement State, except
in accordance with a specific license issued by NRC pursuant to 10 CFR 32.18 or
32.21, or by the Agency pursuant to Section 330.280(b), which states that the
radioactive material may be transferred by the licensee to persons exempt under
this subsection (b) or the equivalent regulations of the U.S. Nuclear
Regulatory Commission or an Agreement State.

4) No person shall, for purposes of producing an increased radiation
level, combine quantities of radioactive material covered by the exemption in
subsection (b)(1) so that the aggregate quantity exceeds the limits set forth
in Appendix B, except for radioactive material combined within a device placed
in use before May 3, 1999, or as otherwise permitted by this Part.

AGENCY NOTE:
Authority to transfer possession or control by the manufacturer, processor, or
producer of any equipment, device, commodity, or other product containing
byproduct material whose subsequent possession, use, transfer and disposal by
all other persons are exempted from regulatory requirements may be obtained
only from the U.S. Nuclear Regulatory Commission, Washington DC 20555.

c) Exempt Items

1) Certain Items Containing Radioactive Material. Except for
persons who apply radioactive material to, or persons who incorporate
radioactive material into, the following products or persons who initially
transfer for sale or distribution the following products, any person is exempt
from this Part to the extent that he or she receives, possesses, uses,
transfers, owns or acquires the following products:

AGENCY NOTE:
Authority to transfer possession or control by the manufacturer, processor, or
producer of any equipment, device, commodity, or other product containing
byproduct material whose subsequent possession, use, transfer and disposal by
all other persons are exempted from regulatory requirements may be obtained
only from the U.S. Nuclear Regulatory Commission, Washington DC 20555.

A) Timepieces or hands or dials containing not more than the
following specified quantities of radioactive material and not exceeding the
following specified radiation dose rate:

i) 925 MBq (25 mCi) of tritium per timepiece;

ii) 185 MBq (5 mCi) of tritium per hand;

iii) 555 MBq (15 mCi) of tritium per dial (bezels when used shall
be considered as part of the dial);

iv) 3.7 MBq (100 microCi) of promethium-147 per watch or 7.4 MBq
(200 microCi) of promethium-147 per any other timepiece;

vi) 2.22 MBq (60 microCi) of promethium-147 per watch dial or 4.44
MBq (120 microCi) of promethium-147 per other timepiece dial (bezels when used
shall be considered as part of the dial);

vii) The radiation dose rate from hands and dials containing
promethium-147 will not exceed, when measured through 50 milligrams/square
centimeter of absorber: for wrist watches, 1 microGy (100 microrad)/hour at 10
centimeters from any surface; for pocket watches, 1 microGy (100 microrad)/hour
at 1 centimeter from any surface; for any other timepiece, 2 microGy (200
microrad)/hour at 10 centimeters from any surface; or

B) Precision balances containing not more than 37 MBq (1 mCi) of
tritium per balance or not more than 18.5 MBq (500 microCi) of tritium per
balance part manufactured before December 17, 2007.

C) Marine compasses containing not more than 27.8 GBq (750 mCi) of
tritium gas and other marine navigational instruments containing not more than
9.25 GBq (250 mCi) of tritium gas manufactured before December 17, 2007.

D) Electron tubes; provided that each tube does not contain more
than one of the following specified quantities of radioactive material:

and provided
further, that the radiation dose rate from each electron tube containing
radioactive material will not exceed 10 microGy (1 mrad)/hour at 1 centimeter
from any surface when measured through 7 milligrams/square centimeter of
absorber.

AGENCY NOTE:
For purposes of subsection (c)(1)(D), "electron tubes" include spark
gap tubes, power tubes, gas tubes including glow lamps, receiving tubes,
microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and
any other completely sealed tube that is designed to conduct or control
electrical currents.

E) Ionizing radiation measuring instruments containing, for
purposes of internal calibration or standardization, one or more sources of
radioactive material, provided that:

i) Each source contains no more than one exempt quantity set
forth in Appendix B; and

ii) Each instrument contains no more than 10 exempt quantities.
For purposes of this requirement, an instrument's sources may contain one or
more radionuclides and an individual exempt quantity may be composed of
fractional parts of one or more of the exempt quantities in Appendix B,
provided that the sum of the fractions shall not exceed unity.

AGENCY NOTE:
For purposes of subsection (c)(1)(E), 1.85 kBq (50 nCi) of americium-241 is
considered an exempt quantity.

F) Ionization chamber smoke detectors containing not more than 37
kBq (1 microCi) of americium-241 per detector in the form of a foil and
designed to protect life and property from fires.

G) Static
elimination devices designed for use as static eliminators that contain, as a
sealed source or sources, radioactive material consisting of a total of not
more than 18.5 MBq (500 microCi) of polonium-210 per device.

H) Ion
generating tubes designed for ionization of air that contain, as a sealed
source or sources, byproduct material consisting of a total of not more than
18.5 MBq (500 μCi) of polonium-210 per device or of a total of not more
than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.

I) Devices described in subsections (c)(1)(G) and (H) authorized before
October 23, 2015 for use under the general license then provided in Section 330.220(a)
and manufactured, tested and labeled by the manufacturer in accordance with the
specifications contained in a specific license issued by the Agency or the
equivalent regulations of NRC or of an Agreement State.

2) Self-Luminous Products Containing Radioactive Material

A) Tritium, Krypton-85 or Promethium-147. Except for persons who
manufacture, process or produce self-luminous products containing tritium,
krypton-85 or promethium-147, any person is exempt from this Part to the extent
that person receives, possesses, uses, transfers, owns or acquires tritium,
krypton-85 or promethium-147 in self-luminous products manufactured, processed,
produced, imported or transferred in accordance with a specific license, issued
by NRC pursuant to 10 CFR 32.22, which authorizes the transfer of the product
to persons who are exempt from regulatory requirements. The exemption in this
subsection (c)(2)(A) does not apply to tritium, krypton-85 or promethium-147
used in products for frivolous purposes or in toys or adornments. NRC shall
make this determination of exemption.

B) Any person who desires to manufacture, process, produce or
initially transfer for sale or distribution self-luminous products containing
tritium, krypton-85 or promethium-147 for use under subsection (c)(2)(A) should
apply for a license under 10 CFR 32.22 and for a certificate of registration
pursuant to 10 CFR 32.210 with NRC.

C) Radium-226. Any person is exempt from this Part to the extent
that person receives, possesses, uses, transfers or owns articles containing
less than 3.7 kBq (100 nCi) of radium-226 that were acquired prior to May 1,
1974.

3) Gas and Aerosol Detectors Containing Radioactive Material

A) Except for persons who manufacture, process, produce or
initially transfer for sale and distribution gas and aerosol detectors
containing radioactive material, any person is exempt from 32 Ill. Adm. Code: Chapter
II, Subchapters b and d to the extent that person receives, possesses, uses,
transfers, owns or acquires radioactive material in gas and aerosol detectors
designed to protect life or property from fires and airborne hazards. The
detectors shall be manufactured, processed, produced or initially transferred
in accordance with a specific license issued by NRC pursuant to 10 CFR 32.26
that authorizes transfer of the detectors to persons who are exempt from
regulatory requirements and who have been issued a certificate of registration
in accordance with 10 CFR 32.210 from NRC.

B) Gas and aerosol detectors previously manufactured and
distributed to general licensees in accordance with a specific license issued
by an Agreement State or a former Licensing State shall be considered exempt
under subsection (c)(3)(A), provided that the device is labeled in accordance
with the specific license and provided further that it meets the requirements
of 10 CFR 32.26 in effect at the time of distribution. This exemption also
covers gas and aerosol detectors manufactured or distributed before November
30, 2007, in accordance with a specific license issued by an Agreement State
under comparable provisions to NRC's 10 CFR 32.26 authorizing distribution to
persons exempt from regulatory requirements.

4) Certain Industrial
Devices

A) Except for persons who
manufacture, process, produce or initially

transfer for sale
or distribution industrial devices containing

byproduct
material designed and manufactured for the purpose of

detecting,
measuring, gauging or controlling thickness, density,

level, interface location,
radiation, leakage or qualitative or quantitative chemical composition, or for
producing an ionized atmosphere, any person is exempt from the requirements for
a license set forth in Section 81 of the Act and from 32 Ill. Adm. Code:
Chapter II, Subchapters b and d to the extent that person receives, possesses,
uses, transfers, owns or acquires byproduct material, in these certain
detecting, measuring, gauging or controlling devices and certain devices for
producing an ionized atmosphere, and manufactured, processed, produced or
initially transferred in accordance with a specific license issued under NRC's 10
CFR 32.30, which license authorized the initial transfer of the device for use
under this Section. This exemption does not cover sources not incorporated
into a device, such as calibration and reference sources.

B) Any
person who desires to manufacture, process, produce or initially transfer for
sale or distribution industrial devices containing byproduct material for use
under subsection (c)(4)(A), should apply for a license under 10 CFR 32.30 and
for a certificate of registration in accordance with 10 CFR 32.210 from NRC.

AGENCY NOTE: Authority to
transfer possession or control by the manufacturer, processor or producer of
any equipment, device, commodity or other product containing byproduct material
whose subsequent possession, use, transfer and disposal by all other persons
are exempted from regulatory requirements may be obtained only from the U.S.
Nuclear Regulatory Commission, Washington DC 20555.

d) Exempt
Material

1) Persons producing or in possession of residuals or sludge
resulting from the treatment of water or sewage and containing naturally
occurring radium from groundwater with concentrations of total radium (sum of radium-226
and radium-228 concentrations) less than or equal to 200 pCi/g (dry weight basis) are exempt
from the licensing requirements provided they comply with this subsection (d).
Persons producing or in possession of residuals or sludge resulting from the
treatment of water or sewage and containing naturally occurring radium from
groundwater with concentrations of total radium greater than 200 pCi/g (dry
weight basis) are not exempt and shall comply with requirements in 32 Ill. Adm.
Code 330.

2) The following individuals or entities producing or in
possession of residuals or sludge resulting from the treatment of water or sewage
and containing naturally occurring radium from groundwater with concentrations
of total radium less than or equal to 200 pCi/g (dry
weight basis) must register directly with the Agency:

A) Owners and operators of facilities or plants that produce
residuals or sludge resulting from the treatment of water or sewage and
containing radium occurring naturally from groundwater; and

B) Owners and operators of Illinois Environmental Protection Agency
(IEPA) permitted landfills if the residuals or sludge is disposed of in those landfills;
and

C) Applicators
who apply to agricultural lands residuals or sludge resulting from the
treatment of water or sewage containing radium occurring naturally from groundwater;
and

D) Any other person or entity that the Agency determines is
required to register under the provisions of the Radiation Protection Act.

3) Owners and operators of facilities or plants that produce
residuals or sludge resulting from the treatment of water or sewage and
containing radium in concentration less than or equal to 200 pCi/g (dry weight basis) occurring
naturally from groundwater will be exempt from the licensure and fee
requirements of the Radiation Protection Act.

4) Residuals or sludge resulting from the treatment of water or sewage
and containing naturally occurring radium from groundwater may be disposed of
in accordance with the following provisions and the requirements of IEPA and
the regulations of the Illinois Pollution Control Board (Title 35 of the Ill.
Adm. Code: Subtitles C and G, and Part 391), as implemented by IEPA:

A) If the level of radium in the residuals or sludge is less than
or equal to 100 pCi/g (dry weight basis):

i) the residuals or sludge may be disposed of in an IEPA
permitted landfill provided:

• the
residuals or sludge are covered during transportation; and

• the residuals
or sludge that are easily dispersible must be packaged or stabilized to prevent
dispersion during transportation and/or landfill placement; and

• there
is at least 10 feet of non-contaminated overburden between the residuals or
sludge and grade level (at the time of landfill closure).

ii) the
residuals or sludge may be used for soil conditioning purposes on agricultural
crop land (e.g., corn, soybeans) provided:

• that
use is in accordance with 35 Ill. Adm. Code 309.208; and

• the
concentration of the radium in the residuals or sludge (dry weight basis) shall
be determined by laboratory analysis; and

• the
level of radium in the residuals or sludge and the application rate is such
that, after the residuals or sludge is mixed with soil (for agricultural use),
the cumulative increase of the total radium-226 and radium-228 combined
concentration in the soil does not exceed 1.0 pCi/g (dry weight basis, an
addition of 1778 microCi/acre); and

• this
increased limit applies to the sum of all land applications of residuals or
sludge on a specific parcel of land; and

• at
no time shall the application of residuals or sludge result in the total radium
concentration in the soil exceeding 3.0 pCi/g (the mean natural background as
determined by the Agency of 2.0 pCi/g and the soil concentration increase limit
of 1.0 pCi/g due to residuals or sludge application); and

• the
landowner or an authorized agent of the landowner must acknowledge, on a form
issued by the Agency, that he or she is aware that residuals or sludge
containing radium is being applied to the land (this acknowledgement must be
updated as landownership changes); and

• prior
to using a parcel of land for the application of residuals or sludge containing
radium for the first time, the generator must determine the total radium
concentration in the soil using the soil sampling protocol specified below:

■ Soil
sample collection shall be conducted so as to be representative of the entire
sludge application site. Soil Plow Zone − one soil sample shall be
collected per 8 acres of sludge application site area to a depth of 12 inches.
Each soil sample shall be taken as a homogenous mixture composed of at least 10
samples randomly collected within the 8 acre area; or

■ Sampling
protocols in compliance with the 24th edition of the Illinois Agronomy Handbook
as published by the University of Illinois Extension Service (with sampling
depth increased to 12 inches) (Pubs Plus, 1917 South Wright Street, Champaign
IL 61820, 217/333-2007, PubsPlus@illinois.edu, 2009); and

■ Testing
protocol specified by the Agency; and

AGENCY NOTE: The Agency will
develop and provide a guidance document on residuals and sludge sampling,
acceptable analysis methods and Agency reporting requirements.

• lands
used for the application must have a pH equal to or greater than 6.0, have a
6-inch soil layer with a minimum clay content of at least 18% within the top 5
feet and above bedrock and the groundwater level (as determined by the County
Soil Survey Book), and a 6-inch layer with an organic content of at least 12
tons/acre within the top 5 feet and above bedrock and the groundwater level (as
determined by site-specific testing); and

• lands
receiving residuals or sludge containing radium shall not be used for the
cultivation of tobacco; and

• when
the cumulative increase of the radium concentration in the soil is determined
by calculation to be 0.8 pCi/g or when the total radium in soil is calculated
to be 2.8 pCi/g (based on initial testing and subsequent applications of
residuals or sludge containing radium), the generator must repeat the soil
sampling and analysis to determine the actual total radium concentration in the
soil and report the findings to the Agency; and

• when
calculating the increase in radium concentration, a soil density value of 90
pounds/cubic foot and a mixing depth of 1 foot should be used.

B) If the level of radium in the residuals or sludge is greater
than 100 pCi/g (dry weight basis) and less than or equal to 200 pCi/g (dry
weight basis):

i) in
accordance with 32 Ill. Adm. Code 340.1020, the method of disposal must be
reviewed and approved by IEMA-DNS in advance; and

ii) the
residuals or sludge may be disposed of in a licensed low-level radioactive
waste disposal facility.

5) By
June 1, 2011, all persons applying water treatment residuals or sewage
treatment sludge containing radium to land in Illinois must sample fields
currently being used for land application using a sampling and testing protocol
specified by the Agency to determine the total radium concentration of the soil
and report the findings to the Agency. Any field that has a total radium
concentration greater than 3.0 pCi/g may no longer be used for the land
application of water treatment residuals or sewage treatment sludge containing
radium.

6) On an
annual basis, each person producing water treatment residuals or sewage
treatment sludge containing radium must report, in a manner specified by the
Agency, the following:

A) Persons
who dispose of water treatment residuals or sewage treatment sludge containing
radium in a landfill must report:

i) the
quantity of residuals or sludge containing radium; and

ii) the
concentration of radium (in pCi/g (dry weight basis)) contained in the
residuals or sludge; and

iii) the
date the residuals or sludge were disposed of in a landfill; and

iv) the
name and location of the landfill receiving these residuals or sludge; and

v) any
additional information deemed appropriate by the Agency.

B) Persons
who land apply water treatment residuals or sewage treatment sludge containing radium
must report:

i) the
identification, location and background radium concentrations, as determined
prior to use for land application, of the field receiving the land application
of residuals or sludge containing radium; and

ii) the
concentration of radium in pCi/g (dry weight basis) in the residuals or sludge;
and

iii) the application rate
in dry tons/acre; and

iv) the date of the land
application; and

v) any
additional information deemed appropriate by the Agency.

7) All
analysis of residuals or sludge must be conducted by a laboratory certified by
the U.S. Environmental Protection Agency or the National Environmental
Laboratory Accreditation Conference (NELAC) to perform radiological analysis,
and concentration of radium will be determined by a method approved by the
Agency.

8) Owners
and operators of facilities that produce residuals or sludge that is land
applied or disposed of in a landfill are not subject to the registration
requirements specified in Section 4 and the fees specified in Section 13 of the
Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20/4 and 13] and
are not subject to the reporting requirements of Access to Facilities for
Treatment, Storage, or Disposal of Low-Level Radioactive Waste (32 Ill. Adm.
Code 609) and Registration of Low-Level Radioactive Waste Generators (32 Ill.
Adm. Code 620).

9) Owners
and operators of facilities that produce residuals or sludge that is disposed of
in a licensed low-level radioactive waste disposal facility are subject to the
registration requirements specified in Section 4 and the fees specified in
Section 13 of the Illinois Low-Level Radioactive Waste Management Act and are
subject to the reporting requirements of 32 Ill. Adm. Code 609 and 620.